Wednesday, January 6, 2010

Yoe Borough Minutes December 1, 2009

YOE BOROUGHPG. 1

150 NORTH MAPLE STREET

YOE, PA17313

The regular monthly meeting of Yoe Borough Council was held on December 1, 2009 at the Yoe Borough Municipal Building, 150 North Maple Street, Yoe, PA. The meeting was called to order by Council President Sam Snyder at 7PM followed by the Pledge

of Allegiance.

Council Members in Attendance:

Sam Snyder

Barry Myers

Tom Allar

Bruce Manns

George Howett

Seth Noll

Others in attendance:

Sandy Sterner, Secretary-Treasurer

Dana Shearer, Maintenance

John Sanford, Mayor

Steve Malesker, Engineer

Pete Solymos, Solicitor

Minutes

Councilman Snyder asked if everyone had an opportunity to look over the minutes from the prior meeting, any additions or corrections? A motion was made by Councilman Howett to accept the meeting minutes of November 10, 2009. The motion was seconded

by Councilman Myers. All in favor. Councilman Snyder said minutes accepted.

Visitors

Councilman Snyder said let the record reflect no visitors.

Solicitor’s Report

StreetSolicitor Solymos said on newer business I was requested to look into

Lightswhether the municipality has to provide lights, they do not, street lights.

The public can petition to get street lights, however, a municipality is not

required to do street lights but if they do, they can levy a tax on it of up

to 8 mills for the street lights, there was a question of finding other sources

Solicitor’s Report(cont.)Page 2

for the municipality. And that’s one possibility that you could look into

for your lights. There is also a possibility that you could possibly get

up to 5 mills for the roadways. I don’t know if that would jeopardizes

liquid fuels if you go and tax it yourself. That is something I’d have to

look into even more. But anyway that was in regard to that particular

issue.

Tax Solicitor Solymos said you’ve got the tax ordinance to adopt at 7:30.

Ordinance

ChronisterSolicitor Solymos said at long last we have confirmation from everyone

Hearingand their uncle, on a hearing date for Chronister, which means the chances

Dateof it being configured at good. It was hard to get everyone to commit at

the same time, I think we’re really good for that date. I’ll get in touch with

Sam and with Tom and coordinate with Jason to prepare our case for

that one. I’ll let you enjoy your holidays before I start. Councilman Snyder

said just one note, a mental note, I already talked to Pete, I do have a

doctor’s appointment that morning, but that shouldn’t be a problem to

make it to the hearing in the afternoon. There is only one date I wouldn’t

be available, I have an echo on the fourth so. Try to keep that in mind.

Solicitor Solymos said we’re on with that.

BowserSolicitor Solymos said we’re on schedule to get the, Bowser, its not

really the Bowser case, argued. I think that’s basically it

The council went into executive session to discuss matters of potential litigation.

LetterCouncilman Snyder said under solicitor’s there’s a couple of things that

sent outare going to crossover, one of course is Engineering. We did get the letter

to the sent out from C. S. Davidson to the sewer authority, that was dated the

sewertwelfth. And interestingly, enough, the reason I’m bringing it up under

authoritysolicitor, cause its probably going to be another source of litigation. We

did receive the copy of the minutes from the September sewer authority

meeting at which point, in essence, it says, they went over the issue at

hand, as far as the sink hole. They’re under the impression, the contractor

went out under the auspices of the township and that it is the township

interceptor at the manhole cover. And since the pipe was covering spring

water or a old storm drain, and wasn’t connected to any other pipe, the

sewer authority feels that it’s a drainage problem and it’s the borough’s

responsibility to pay for it. Therefore they have nothing to do with, it

has nothing to do with the sewer system. Now of course, this is one,

where five separate people are going to be involved with this. Cause

Aaron’s on the hook, they want paid, they don’t care who. You have five

Solicitor’s Report(cont.)Page 3

other authorities, Yoe Borough, York Township, the sewer authority,

York Township Sewer Authority, Penn Dot. No one wants to own, and

Aaron is still patiently waiting on their reimbursement because it wasn’t

their fault. Seeing that’s how that went in September, I don’t expect too

much more coming out of the December meeting, they may not even

recognize it. Just be put on notice, I’m sure that’s going to be another

source of litigation and once it gets to that step. I don’t know maybe a

letter from Pete saying, look this isn’t going to go away any time soon

what if everybody ponies up a thousand bucks since its so intermingled.